


THE RULES AND THE LAW 



RELATING TO THE ESTABLISHMENT OF 



PUBLIC HIGH SCHOOLS 



NORTH CAROLINA 



1907 



issued from the office of the 

State Superintendent of Public Instruction 

raleigh, n. c. 



THE RULES AND THE LAW 



RELATING TO THE ESTABLISHMENT OF 



PUBLIC HIGH SCHOOLS 



NORTH CAROLINA 



1907 



issued from the office of the 

State Superintendent of Public Instruction 

raleigh, n. c. 



3. First Grade High Sc-liools must provide not less than t\vo 
years nor more than four years of the prescribed high school 
course of study, and must maintain an average daily attendance 
of not less than twenty pupils. 

4. Second Grade High Schools must provide not less than one 
year nor more than two years of the prescribed course of study, 
and must maintain an average daily attendance of not less than 
ten pupils. Upon recommendation of the County Superintendent 
and the High School Inspector, such schools may by permission 
of the State Superintendent of Public Instruction extend their 
course of study to three years. 

5. The term of every public high school receiving aid under 
this act must be not less than twenty-eight weeks. 

THOSE ENTITLED TO THE BENEFITS OF THE PUBLIC 
HIGH SCHOOLS. 

1. Every First Grade High School shall be open^ without tui- 
tion, to all children and all public school teachers of the countj' 
of sufficient preparation to enter. 

2. If there be but one public high school established in a county, 
whether it be first grade or second, grade, upon . order of the 
County Board of Education it shall be open, without tuition, to 
all children and public school teachers of the township or county 
of sufficient preparation to enter. 

3. If there be more than one First Grade or Second Grade High 
School in a county, the territory to each may be limited and 
assigned by the County Board of Education. 

REQUIREMENTS FOR ADMISSION. 

Pupils who have satisfactorily completed the course of study 
prescribed for the first seven grades or years in the elementary 
public schools, or an equivalent course of study, may be admitted 
to any public high school upon certificates signed by their teachers 
and countersigned by the County Superintendent, or upon pre- 
scribed examination on those subjects, according to the discretion 
of the principal of the high school. 

APPORTIONMENT OF THE STATE HIGH SCHOOL FUND. 

1. On August 1, 1907, the first apportionment of the State high 
school fund will be made as follows : 

Counties having one member of the House of Representatives 
will 1)6 entitled to receive not more than $500 for the establish- 



ment of one or two schools; comities liaving two members, not 
more than $750 for the establishment of two or three schools; 
counties having three members, not more than $1,000 for the 
establishment of two, three or four schools. If on that date the 
applications on file exceed the appropriation, they shall be scaled 
in proportion to the representation of each county in the House 
of Representatives. In the apportionment the establishment of 
First Grade High Schools will be encouraged. Every county 
ought to have at least one First Grade school. 

2. After August 1, 1007, the balance of the State high school 
fund will be available to such counties as shall legally apply for 
it. before November 15, 1007. Applications from counties not hav- 
ing previously received any part of the appropriation wall be 
given preference: and if any balance then remains, it will be 
apportioned among the other counties having on file applications, 
as nearly as may be in proportion to the representation of each 
county in the House of Representatives. 

FUNDS TO BE PROVIDED BY COUNTY, TOWNSHIP, 
OR DISTRICT. 

1. The county, township, or school district nnist provide for 
each public high school established an amount at least equal to 
that contributed by the State, in no case less than .$2.50. 

2. In counties receiving aid from the second hundred thousand 
dollars for a four months' school term, no part of the county 
school fund shall be used for the establishment of any public high 
school. In such counties, the local funds for these high schools 
must be raised by private subscription or by special taxation in 
the towaiship or school district, as provided in sections 4113, 4114, 
or 4115, of the public school law. 

3. In other counties, the township or school district in which 
the high school is located shall raise annually by special taxation, 
or by private subscription, at least as much as the amount re- 
ceived from the State for high school instruction ; and the County 
Board of Education shall appropriate from the county fund a 
sum equal to that raised by the township or district, not to exceed 
$500. 

4. All funds thus provided must l)e used exclusively for high 
school instruction and paid out separately for that purpose as 
directed by law. 



CONTRACTS FOR HIGH SCHOOL INSTRUCTION IN 
PUBLIC OR GRADED SCHOOLS. 

1. Part of the funds available for bigli sc-liool instruction in 
any county may, in the discretion of the County Board of Educa- 
tion, be used, as directed in section of the law, by contract with 
the committee or trustees of any public or graded school wherein 
high school branches are already taught. Such contracts must 
])rovide for the admission to such schools of students and public 
school teachers of the township or county in the high school grades 
and for the payment of tuition of such who attend from outside 
the limits of such school district, at a rate- of tuition not to exceed 
.$2 per school month for each pupil. Under section 6 of the law 
contracts can be made with the trustees or committee of one exist- 
ing public high school of the county to admit to the high school 
grades thereof all public school teachers and children of the county 
at such rate of tuition for each as may be agreed upon. Only one- 
half of such tuition, however, can be, paid out of the State appro- 
l)riation. and the maximum available for this purpose to any 
county shall not exceed the- maximum amount heretofore fixed for 
the counties in the apportionment of the State fund. In counties 
receiving aid from the second hundred thousand dollars, the other 
half of such tuition shall be provided by district or township taxa- 
tion, or by private donation; and in other counties at least one- 
half of this amount must be provided by township or district taxa- 
tion, or private donation, and the other half may be provided out 
of the general school fund. Such contracts may be made with 
graded schools in towns of more than twelve hundred inhabitants, 
as well as smaller towns. Such contracts may include free tuition 
for all children and public school teachers of the entire county, or 
may be limited to one or more townships of the count3\ If, how- 
ever, all the money available for high school instruction is used 
in connection with one such school, then the high school grades 
of that school must be open, without tuition, to all children and 
teachers of the entire county. 

2. The high school course of study in such schools must either 
conform to the prescribed course or nnist be approved by the 
State Superintendent of Public Instruction. 



INSPECTION. 

All public high schools, aided under tbis act shall be subject to 
such inspection as may be directed by the State Superintendent 
of Public Instruction. 

PAMPHLET CONTAINING COURSE OF STUDY. " 

The course of study and additional rules for the operation and 
management of the public high schools' will be issued in a sepa- 
rate pamphlet later.' 



PUBLIC HIGH SCHOOL LAW. 



AX ACT TO STIMULATE HIGH SCHOOL INSTRUCTION IN 
THE PUBLIC SCHOOLS OF THE STATE AND TEACHER 
TRAINING. 

The General AssemUy of North Carolina do enact: 

HIGH SCHOOLS MAY BE MAINTAINED NOT LESS THAN FIVE 
MONTHS ANNUALLY. 

Section 1. With tbe consent of the State Board of Education, 
the County Board of Education in any county may, in its discre- 
tion, establish and maintain, for a term of not less than five 
school months in each school year, one or more public high schools 
for the countj' at such place or places as shall be most convenient 
for the pupils entitled to attend and most conducive t-o the pur- 
poses of said school or schools. 

HIGH SCHOOL COMMITTEE TO CONSIST OF THREE PERSONS. 

Sec. 2. For each public high school established under this act a 
committee of three persons shall be appointed by the County 
Board of Education, who shall be known as the School Commit- 
tee of Public High School of ..." County. The 

powers, duties and qualifications of said committeemen shall be 
similar to those of other public school committeemen. They shall 
be appointed as follows : one for a term of two years, one for a 
term of four years, and one for a term of 'six years ; and at the 
expiration of the term of any committeeman his successor shall 
be appointed for a term of six years: Provided, that in case of 
death or resignation of any committeeman, his successor shall be 
appointed for the unexpired term only. Within two weeks after 
appointment the committee shall meet and elect a chairman and a 
secretary and enter upon the performance of their duties. 

RULES, REGULATIONS, AND COURSE OF STUDY. 

Sec. .3. All public high schools established and maintained under 
the provisions of this act shall be operated by the County Board 
of Education under such general rules and regulations as may be 
prescribed by the State Board of Education. The courses of study 
for such high schools and the requirements for admission to them 



shall be prescribed by the State Superintendent of Public Instruc- 
tion. 

INSPECTION. CERTIFICATES. AND MINIMUM SALARY OF TEACHERS. 

Sec. 4. It shajl be the duty of the County Board of Education 
to locate all high schools established under this act, to furnish the 
State Superintendent of Public Instruction with such information 
relative to said schools as he may require and to make such local 
rules and regulations for the conduct of said schools as may be 
necessary : Provided, that before any State funds shall be appro- 
priated for the support of any public high school, the State Super- 
intendent of Public Instruction shall cause the same to be inspected 
by some competent person to see that suitable arrangements have 
been made for giving high school instruction and to enable said 
school to conform to all the requirements of this act and to the 
rules and regulations of the State Board of Education : Provided 
further, that lio one shall teach in any public high school that 
receives State funds under this act who does not hold a high 
school teacher's certificate from the State Superintendent of Pub- 
lic Instruction, who shall have power to prescribe a standard of 
scholarship and examination for same: and: provided further. 
that no one shall be employed as teacher in such high school with- 
out the approval and recommendation of the County Superintend- 
ent. The minimum salary of any public high school teacher hold- 
ing such certificate and employed as high school teacher in such 
high school shall be forty dollars per school month. 

HIGH SCHOOLS AIDED MUST HAVE THREE TEACHERS. 

Sec 5. Before any high school shall be established under the 
provisions of this act, the committee or conmiittees establishing 
such school shall first provide for thorough instruction, for at 
least five months in each school year, in all branches of study 
required to be taught in the public schools of the State ; and no 
school shall be entitled to the benefit of this act in which less than 
three teachers are employed. 

[Each school must have at least two teachers in addition to the 
high school teacher.] 

arrangement for free TUITION IN HIGH SCHOOLS 
already ESTABLISHED. 

Sec. 6. The County Board of Education of any county may 
enter into an agreement with the board of trustees or the com- 



10 

mittee of one public bigli school of the county to permit all chil- 
dren of said county of school age who are prepared to enter such 
high school and all public school teachers of said county desiring 
high school instruction to attend such school free, the rate of 
tuition for each pupil in each high school grade to be fixed by 
agreement with said County Board of Education, and paid as 
follows : one-half out of a fund set aside by the County Board of 
Education from the county school fund for that purpose, and one- 
half out of the special State appropriation hereinafter provided, 
under such rules as the State Board of Education may prescribe: 
Provided, that the sum apportioned by the County Board of Edu- 
cation for this purpose shall not exceed five hundred dollars and 
the sum apportioned by the State Board of Education for the same 
purpose shall not exceed that apportioned by the County Board of 
Education: Provided further, that the course of study in such 
high school shall be approved by the State Superintendent of 
Public Instruction. 

CONDITIONS OF STATE AID. 

Sec. 7. The County Superintendent of Schools in any county in 
which said public high school or high schools shall be established 
shall give due notice of the same to the State Board of Education 
before any State funds shall be appropriated for the support of 
said school or schools. And when the County Treasurer of any 
county shall certify to the State Superintendent of Public Instruc- 
tion that as much as two hundred and fifty dollars has been placed 
to the credit of any public high school established and inspected 
as provided for in this act, thereupon a State warrant shall be 
issued upon requisition of the State Superintendent of Public 
Instruction for two hundred and fifty dollars and sent to the 
Treasurer of the county in which such high school is located, to 
be placed to the credit of said high school, and paid out exclusively 
for the support of said high school on the warrant of the high 
school committee, approved by the County Superintendent of 
Schools. The Treasurer of each county in which such public 
high school or schools shall be established shall keep a separate 
account of the public high school fund, and at the end of each 
school year he shall make to the State Superintendent of Public 
Instruction and to the County Board of Education a report of all 
receipts and disbursements of said fund. 



11 

MAXIMUM STATE AID ^.lOO. AND INCUMBER OF SCHOOLS AIDED IN ONE 
COUNTY LIMITED TO FOUK. 

SiEC. 8. If a larger amount than two Inindred and fifty dollars 
be provided by taxation, or by private donation, or by local ap- 
propriation, or otherwise, for the support of any public high 
school established and maintained under the provisions of this 
act, then the State shall contribute a like amount: Provided, 
that the State shall not contribute more than five hundred dollars 
in any one school year for the support of any one high school: 
Provided further, that not more than four public high schools in 
any one county shall be entitled under the provisions of this act 
to receive State funds. 

NO SCHOOLS AIDED IN TOWNS OF MORE THAN 1,200. 

Sec 9. High schools may not be established under this act in 
towns of more than twelve hundred inhabitants. Contracts, how- 
ever, may be made between the County Board of Education and 
the committee or trustees of any public or graded school wherein 
high school branches are taught. Such contract shall provide for 
the admission to such school of students in high school grades and 
of public school teachers of any township, townships^ or of the 
county, and for the payment of tuition by the County Board of 
Education for teachers and children so attending from outside the 
limits of said school district, and the tuition in no case to exceed 
two dollars per month. Upon the making and approval of such 
contract and the deposit with the County Treasurer of an amount 
sufficient to pay one-half of amount estimated to be necessary for 
such purpose either by direct appropriation by the County Board 
of Education from a fund set aside for that purpose or by private 
donation, then upon proper certification of such facts a State war- 
rant shall be issued for equal amount payable to County Treasurer 
upon request of the State Superintendent of Public Instruction : 
Provided, that no aid may be given by the State in cases where 
under the contract less than one hundred dollars is needed to pay 
the tuition, and that the State may not in any case be called on 
for more than five hundred dollars: Provided further, that the 
course of study of such school shall be submitted to the State 
Superintendent of Public Instruction and approved by hiuL 

SUM OF .$oO,000 ANNUALLY APPROPRIATED. 

Sec. 10. The sum of fifty thousand dollars, or so much thereof 
as may be necessary, is hereby annually appropriated for the pur- 



12 

poses of high school instruction and teacher training provided 
for in this act. The State Board of Education shall have the 
power to fix such rules and regulations in accordance with the 
provisions of this act as may be necessary for the proper distribu- 
tion of this fund. 

TEACHER-TRAINING SCHOOL TO BE ESTABLISHED. 

Sec. 11. That there shall be established and maintained at some 
suitable point in eastern North Carolina a Teachers' Training 
School for the training of young white men and women, under the 
corporate name of the East Carolina Teachers' Training School. 

LOCATION OF TRAINING SCHOOL BY STATE BOARD. 

Sec 12. That said school shall be located by the State Board 
of Education at such point in eastern North Carolina as they may 
deem proper, and shall be located in or near that town offering 
the largest financial aid, having due regard to desirability and 
suitability for the location of said school. 

PURPOSE or TRAINING SCHOOL AND COURSE OF STUDY. 

Sec 13. That the object in establishing and maintaining said 
school shall be to give to young white men and women such edu- 
cation and training as shall fit and qualify them for teaching in 
the public schools of North Carolina. And the board of trustees 
hereinafter provided for in prescribing the course of study of said 
school shall lay special emphasis on those subjects taught in the 
public schools of the State, and on the art and science of teaching. 
And in no event shall they prescribe a curriculum beyoixl that 
which would fit and prepare a student for unconditional entrance 
into the freshman class of the University of North Carolina. 

TUITION free to PROSPECTIVE TEACHERS. 

Sec 14. That tuition in said school shall be free to those who 
signify their intention to teach for such time and upon such con- 
ditions as may be prescribed by the board of trustees,- and the 
board of trustees upon the recommendation of the faculty shall 
give those students in said school who have completed the required 
course a certificate of proficiency in the work done. 

MANAGEMENT OF TRAINING SCHOOL. 

Sec 15. That said school shall be managed by a board of trus- 
tees, consisting of nine persons, together with the State Superin- 



13 

tenclent of Public Instruction, as chairman, ex offlcio, said trustees 
to be appointed by the State Board of Education : Provided, that 
two members of the said board shall be selected from the First 
Congressional District, t\YO from the Second, t\YO from the Third, 
two from the Fourth, and one from the Sixth, whose term of office 
shall be six years : Provided further, that of the trustees first 
elected three shall hold office for two years, three for four years, 
and three for six years. Said term of office to begin on the fif- 
teenth day of March, one thousand nine hundred and seven. 
That the State Board of Education shall appoint trustees for the 
full term of six years upon the expiration of the term of office of 
any member of this board ; vacancies occurring by death or resig- 
nation of any member of this board shall be filled by appointment 
of the State Board of Education for the unexpired term. AH 
trustees shall take oath to perform faithfully their duties as 
required by this act, and shall hold office until their successors 
have been appointed and qualified. The board of trustees shall 
report biennially to the Governor before the meeting of each 
General Assembly the operation and condition of said school. 

POWERS OF TRUSTEES. 

Sec. 16. That said board of trustees above provided for, upon 
their election and qualification, shall be and become a body cor- 
porate 'and politic, with all the powers usually conferred upon such 
bodies and necessary to enable them to acquire and hold property, 
manage and conduct said school, and do all other things necessary 
for the carrying out of the provisions and purposes of this act. 

Sec. 17. That as soon as said school shall have been located by 
the State Board of Education and the trustees herein provided 
for shall have qualified, the chairman shall call a meeting of said 
trustees for the purpose of organizing said board as soon as 
practicable. After said organization the said trustees shall pro- 
ceed to build and equip the necessary buildings for said school 
and shall make such rules and regulations for the government of 
said school as they may deem proper : Provided, that no rules 
shall be made that would discriminate against one county in favor 
of another in the admission of pupils into said school. 

AMOUNT OF STATE AID AND LOCAL AID FOR BUILDINGS AND SITE. 

Sec 18. That the sum of fifteen thousand dollars ($15,000) be 
and the same is hereby appropriated to be paid, from any funds in 
the hands of the State Treasurer not otherwise appropriated, for 



14 

• 
the purpose of aiding in erecting and equipping the buildings for 
said school, one-half of said sum to be paid in one thousand nine 
hundred and seven and one-half in one thousand nine hundred 
and eight: Provided, that the town or community in which said 
school is located shall contribute the sum of not less than twenty- 
five thousand dollars ($25,000) toward the construction and equip- 
ment of said buildings, and the title to said buildings shall be in 
and held by the State Board of Education. 

STATE AID FOR SUPPORT OF TRAINING SCHOOL. 

Sec. 19. When it shall be certified to the State Board of Edu- 
cation by the trustees that said buildings of said school are com- 
pleted and ready to be occupied, the sum of five thousand dollars 
($5,000) annually shall be and the same is hereby appropriated 
for the purpose of maintaining said school, to be paid out of the 
special appropriation of fifty thousand dollars ($50,000) herein 
appropriated for high school instruction and teacher training. 

Sec 20. That this act shall be in force from and after its ratifi- 
cation. 

In the General Assembly read three times, and ratified this the 
8th dav of March. A. D. 1907. 




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